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European Court of Human Rights

The European Convention on Human Rights contains a broad range of guarantees, the full enjoyment of which is of pivotal importance to the effective functioning of business. Nowadays, the Convention is increasingly invoked in commercial cases before domestic courts, and also provides the basis for  proceedings initiated by commercial entities before the European Court of Human Rights (ECtHR).

Protection of property and other assets

Tax matters

  • Real estate
  • Shares in public companies
  • Intellectual property
  • Business licenses
  • Enforceable arbitration awards 
     
  • VAT law

  • Tax penalties

  • Retroactive taxation

Irregularities of due process

Protection of commercial speech

  • Access to court

  • Independence and impartiality of the tribunal

  • Open and public hearing

  • Length of proceedings

  • Equality of arms / adversarial proceedings

  • Supervisory review

  • Enforcement of judgments  
     

  • Advertising

  • Unfair competition

  • Broadcasting regulations

Other matters

 

  • Searches and seizures in business premises

  • Protection of correspondence

  • Non-discrimination
     

 

The Convention provides for an effective mechanism to secure compensation of financial damages caused by rights violations. In certain circumstances, it may also require the re-examination of a case by domestic courts. 

Our partners, who worked in the European Court of Human Rights in the past, have acquired outstanding experience in this area.